United States v. Cook, No. 13-3331 (8th Cir. 2015)
Annotate this CaseIn 2002, the Bagleys convinced a 16-year-old female (FV) to live with them in a wooded area in Lebanon, Missouri. FV had a troubled childhood in foster care. The Bageleys believed her to have “mental deficiencies.” Mr. Bagley started a sexual relationship with FV. In 2004, Bagley had her sign a “sex slavery contract,” which he told FV legally bound her indefinitely. The Bagleys then began severe physical, psychological, and sexual abuse and torture of FV. Bagley posted live video streams and pictures of the torture sessions online and advertised that FV would engage in sexual acts and could be tortured during live online sessions or in person. Cook watched and communicated with Bagley. Cook sexually tortured women in his St. Louis home and sent Bagley advice on methods to apply to FV. In 2006, Cook began traveling to Lebanon to engage in sex and torture, including, flogging, whipping, shocking, choking, piercing, skewering, sewing, stapling, and electrocuting. Cook gave Bagley a video showing how to bury someone alive, which Bagley used to threaten FV into submission. In 2009, medical personnel discovered the abuse after Bagley suffocated and electrocuted FV to the point of cardiac arrest. Cook pled guilty to commercial sex trafficking by force, fraud, or coercion, 18 U.S.C. 1591(a) and (b)(1),1 1594, retaining his right to appeal on grounds that the section was unconstitutionally vague as applied to him, a purchaser of commercial sex. The Eighth Circuit affirmed.
Court Description: Criminal case - Criminal law. 18 U.S.C. Section 1591 was not unconstitutionally vague as applied to defendant's prosecution for commercial sex trafficking by force, fraud or coercion; the plain language of the statute gave defendant adequate warning that his conduct in purchasing commercial sex acts was criminal, and the statute's mens rea requirement is sufficiently narrow to avoid arbitrary enforcement.
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